Case: Hickson v. St. David's Healthcare Partnership, L.P., LLP

Hickson v. St. David's Healthcare Partnership

COMPLAINT ( Filing fee $ 402 receipt number 0542-14899808). No Summons requested at this time, filed by Maceo Hickson, Mackenzie Hickson, Madison Hickson, Melissa Hickson, Marques Hickson. (Attachments: # 1 Civil Cover Sheet)(Whitburn, Mark) (Entered: 06/10/2021)

1 Civil Cover Sheet

View on PACER

Pro Hac Vice Letters mailed to Jennifer M. Sender and Andres J. Gallegos. (dl) (Entered: 06/11/2021)

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (dl)

DEMAND for Trial by Jury by Maceo Hickson, Mackenzie Hickson, Madison Hickson, Marques Hickson, Melissa Hickson. (dl)

Case Assigned/Reassigned

To be Referred to AU Mag Judge

Jury Demand

MOTION to Appear Pro Hac Vice by Mark Whitburn for Jennifer Sender ( Filing fee $ 100 receipt number 0542-14939349) by on behalf of Marques Hickson, Melissa Hickson. (Whitburn, Mark) (Entered: 06/22/2021)

MOTION to Appear Pro Hac Vice by Mark Whitburn for Andres Gallegos ( Filing fee $ 100 receipt number 0542-14939381) by on behalf of Marques Hickson, Melissa Hickson. (Whitburn, Mark) (Entered: 06/22/2021)

ORDER GRANTING 3 Motion for Jennifer M. Sender to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 06/23/2021)

ORDER GRANTING 4 Motion for Andres J. Gallegos to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (lt) (Entered: 06/23/2021)

WAIVER OF SERVICE Returned Executed by Viet Vo as to Viet Vo. Waiver sent on 6/25/2021, answer due 8/24/2021. (Beaman, Mark) (Entered: 06/25/2021)

Unopposed MOTION for Extension of Time to File an Appearance by Devry Anderson, Carlye Mabry Cantu, Hospital Internists of Texas, St. David's Healthcare Partnership, L.P., LLP, Viet Vo. (Attachments: # 1 Proposed Order)(Atwood, Missy) (Entered: 08/19/2021)

ORDER GRANTING Defendants' 8 Unopposed Joint Motion for Extension of Appearance Deadlines. Signed by Judge Lee Yeakel. (lt) (Entered: 08/23/2021)

MOTION to Dismiss by Carlye Mabry Cantu. (Harris, Terri) (Entered: 10/01/2021)

Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) by St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Exhibit A - Plaintiff's Original Petition)(Atwood, Missy) (Entered: 10/01/2021)

MOTION for Leave to Exceed Page Limitation by St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Proposed Order)(Atwood, Missy) (Entered: 10/01/2021)

MOTION to Dismiss by Viet Vo. (Beaman, Mark) (Entered: 10/01/2021)

ORDER GRANTING Defendant St. David's Healthcare Partnership, L.P., LLP's 12 Unopposed Motion for Extension of Page Limits on its Rule-12(b)(6) Motion to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 10/04/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss, 13 MOTION to Dismiss, 11 Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) by Marques Hickson, Melissa Hickson. (Whitburn, Mark) (Entered: 10/12/2021)

ORDER GRANTING Plaintiffs' 15 Unopposed Motion for Extension of Time to Respond to Defendants' Motions to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 10/13/2021)

Response in Opposition to Motion, filed by Marques Hickson, Melissa Hickson, re 13 MOTION to Dismiss filed by Defendant Viet Vo (Whitburn, Mark) (Entered: 10/29/2021)

Response in Opposition to Motion, filed by Marques Hickson, Melissa Hickson, re 10 MOTION to Dismiss filed by Defendant Carlye Mabry Cantu (Whitburn, Mark) (Entered: 10/29/2021)

Response in Opposition to Motion, filed by Marques Hickson, Melissa Hickson, re 11 Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant St. David's Healthcare Partnership, L.P., LLP (Whitburn, Mark) (Entered: 10/29/2021)

Unopposed MOTION for Leave to Exceed Page Limitation by Marques Hickson, Melissa Hickson. (Whitburn, Mark) (Entered: 10/29/2021)

DEFICIENCY NOTICE: re 20 Unopposed MOTION for Leave to Exceed Page Limitation (lt) (Entered: 10/29/2021)

ATTACHMENT Proposed Order to 20 Unopposed MOTION for Leave to Exceed Page Limitation by Marques Hickson, Melissa Hickson. (Whitburn, Mark) (Entered: 10/29/2021)

Notice of Correction: re 20 Unopposed MOTION for Leave to Exceed Page Limitation . As of 7/28/20 when filing a Motion for Leave to Exceed Page Limitations in the Austin Division, the document that exceeds the page limit should be attached to the motion requesting leave to file for the Court's review, and should not be filed as a separate docket event. If the Court grants the motion, the Clerk will file the document, unless the Filing User is otherwise required to file traditionally or by order of the Court. Please note this information for future filing purposes. (lt)

Notice of Correction

ORDER GRANTING 20 Unopposed MOTION for Leave to Exceed Page Limitation Signed by Judge Lee Yeakel. (cc3) (Entered: 11/04/2021)

MOTION for Extension of Time to File Response/Reply as to 17 Response in Opposition to Motion by Viet Vo. (Attachments: # 1 Proposed Order)(Beaman, Mark) (Entered: 11/04/2021)

Unopposed MOTION for Extension of Time to File Response/Reply by St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Proposed Order)(Bueche, Ryan) (Entered: 11/04/2021)

Unopposed MOTION for Extension of Time to File Response/Reply by Carlye Mabry Cantu. (Attachments: # 1 Proposed Order)(Harris, Terri) (Entered: 11/05/2021)

ORDER GRANTING 24 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (cc3) (Entered: 11/08/2021)

ORDER GRANTING 25 Defendant's Unopposed Motion forExtension of Deadline. Deadline is extended until November 19, 2021. Signed by Judge Lee Yeakel. (cc3) (Entered: 11/08/2021)

ORDER GRANTING 26 Unopposed Motion for Extension of Time to Reply to Plaintiffs' Response to DefendantsCarlye Mabry Cantu, M.D. and Hospital Internists of Texas' Motion to Dismiss. Reply on or before November 19, 2021. Signed by Judge Lee Yeakel. (cc3) (Entered: 11/08/2021)

ORDER REFERRING MOTION: 10 MOTION to Dismiss filed by Carlye Mabry Cantu, 13 MOTION to Dismiss filed by Viet Vo, and 11 Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by St. David's Healthcare Partnership, L.P., LLP. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (cc3) (Entered: 11/10/2021)

MOTION to Disqualify Counsel Missy Atwood as Counsel for St. David's Healthcare Partnership, L.P., L.L.P., & Dr. Devry Anderson by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 11/17/2021)

REPLY in Support, filed by Viet Vo, re 13 MOTION to Dismiss filed by Defendant Viet Vo (Beaman, Mark) Modified on 11/19/2021 to correct docket text (lt). (Entered: 11/18/2021)

REPLY to Response to Motion, filed by Carlye Mabry Cantu, re 10 MOTION to Dismiss filed by Defendant Carlye Mabry Cantu (Harris, Terri) (Entered: 11/19/2021)

MOTION for Leave to File DEFENDANT ST. DAVIDS HEALTHCARE PARTNERSHIP, L.P., LLPS REPLY IN SUPPORT OF ITS RULE-12(b)(6) MOTION TO DISMISS by St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Bueche, Ryan) (Entered: 11/19/2021)

ORDER GRANTING Defendant's 34 Unopposed Motion for Extension of Page Limits on its Reply in support of its Rule-12(b)(6) Motion to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 11/23/2021)

REPLY to Response to Motion, filed by St. David's Healthcare Partnership, L.P., LLP, re 11 Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant St. David's Healthcare Partnership, L.P., LLP (lt) (Entered: 11/23/2021)

Unopposed MOTION for Leave to Exceed Page Limitation by Devry Anderson, St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Proposed Order Granting Defendants' Unopposed Motion for Extension of Page Limits, # 2 Exhibit Defendants' Response in Opposition to Plaintiffs' Motion to Disqualify Defendants' Counsel, # 3 Proposed Order Denying Plaintiffs' Motion to Disqualify Attorney)(Atwood, Missy) (Entered: 11/24/2021)

ORDER GRANTING Defendants' 37 Unopposed Motion for Extension of Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 12/01/2021)

RESPONSE to Motion, filed by Devry Anderson, St. David's Healthcare Partnership, L.P., LLP, re 31 MOTION to Disqualify Counsel Missy Atwood as Counsel for St. David's Healthcare Partnership, L.P., L.L.P., & Dr. Devry Anderson filed by Plaintiff Marques Hickson, Plaintiff Melissa Hickson (Attachments: # 1 Proposed Order)(lt) (Entered: 12/01/2021)

REPLY to Response to Motion, filed by Marques Hickson, Melissa Hickson, re 31 MOTION to Disqualify Counsel Missy Atwood as Counsel for St. David's Healthcare Partnership, L.P., L.L.P., & Dr. Devry Anderson filed by Plaintiff Marques Hickson, Plaintiff Melissa Hickson PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION TO DISQUALIFY ATTORNEY MISSY ATWOOD AS COUNSEL FOR ST. DAVIDS HEALTHCARE PARTNERSHIP, L.P., L.L.P., & DR. DEVRY ANDERSON (Sender, Jennifer) (Entered: 12/08/2021)

Unopposed MOTION for Leave to File Defendants' Sur-Reply to Plaintiffs' Reply by Devry Anderson, St. David's Healthcare Partnership, L.P., LLP. (Attachments: # 1 Proposed Order, # 2 Defendants' Sur-Reply to Plaintiffs' Reply)(Bueche, Ryan) (Entered: 12/15/2021)

ORDER GRANTING 41 Unopposed MOTION for Leave to File Defendants' Sur-Reply to Plaintiffs' Reply Signed by Judge Lee Yeakel. (cc3) (Entered: 12/17/2021)

Defendants' Sur-reply to Plaintiff's Reply, filed by St. David's Healthcare Partnership, L.P., LLP, and Devry (cc3) (Entered: 12/17/2021)

REPORT AND RECOMMENDATIONS re 10 Motion to Dismiss filed by Carlye Mabry Cantu, 31 Motion to Disqualify Counsel filed by Marques Hickson, Melissa Hickson, 11 Motion to Dismiss for Failure to State a Claim filed by St. David's Healthcare Partnership, L.P., LLP. Signed by Judge Mark Lane. (dm) (Entered: 08/08/2022)

Motions No Longer Referred: 10 MOTION to Dismiss, 11 Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6), 31 MOTION to Disqualify Counsel Missy Atwood as Counsel for St. David's Healthcare Partnership, L.P., L.L.P., & Dr. Devry Anderson, 13 MOTION to Dismiss (dm)

Motions No Longer Referred

OBJECTION to 44 Report and Recommendations Plaintiffs' Objections to Report and Recommendations of U.S. Magistrate Judge filed 8.8.22 by Marques Hickson, Melissa Hickson.. (Sender, Jennifer) (Entered: 08/22/2022)

RESPONSE TO PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE LANE'S REPORT AND RECOMMENDATION to 45 Objection to Report and Recommendations by St. David's Healthcare Partnership, L.P., LLP, Viet Vo. (Bueche, Ryan) (Entered: 09/06/2022)

ORDER ADOPTING Magistrate's 44 Report and Recommendations; ORDER GRANTING IN PART, DISMISSING WITH PREJUDICE IN PART only certain claims as to Defendants Carlye Mabiy Cantu, M.D. and Hospital Internists of Texas's 10 Motion to Dismiss, Defendant St. David's Healthcare, L.P., LLP's 11 Motion to Dismiss and Defendant Viet Vo, M.D.'s 13 Motion to Dismiss. Counts not ruled on in this order remain pending. ORDER DISMISSING Plaintiffs' 31 Motion to Disqualify. Signed by Judge Lee Yeakel. (klw) (Entered: 09/06/2022)

MOTION to Dismiss by Devry Anderson. (Bueche, Ryan) (Entered: 09/08/2022)

ORDER GRANTING 48 Motion to Dismiss. IT IS FURTHER ORDERED that Plaintiffs' intentional-infliction-of-emotional-distressclaim against Defendant Devry Anderson, M.D. is DISMISSED WITH PREJUDICE. Signed by Judge Lee Yeakel. (dm) (Entered: 10/05/2022)

Rule 26(f) Discovery Report/Case Management Plan by Viet Vo. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Bueche, Ryan) (Entered: 01/18/2023)

ORDER Setting Telephonic Initial Pretrial Conference for 7/7/2023 3:00 PM in Austin before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (bot2) (Entered: 01/24/2023)

Defendants Carly Mabry Cantu, MD and Hospital internists of Texas' ANSWER to 1 Complaint, with Jury Demand by Carlye Mabry Cantu.(Harris, Terri) (Entered: 02/17/2023)

MOTION for Leave to File amended answers by St. David's Healthcare Partnership, L.P., LLP, Viet Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Beaman, Mark) (Entered: 02/24/2023)

ORDER GRANTING 53 Motion for Leave to File Answer to Original Complaint. Signed by Judge Lee Yeakel. (dm) (Entered: 02/28/2023)

ANSWER to 1 Complaint, with Jury Demand by St. David's Healthcare Partnership, L.P., LLP.(dm) (Entered: 02/28/2023)

ANSWER to 1 Complaint, with Jury Demand by Viet Vo.(dm) (Entered: 02/28/2023)

NOTICE of Change of Address by Jennifer M. Sender (Sender, Jennifer) (Entered: 03/13/2023)

ORDER REASSIGNING CASE. Case reassigned to Judge Docket II - Austin for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Robert Pitman. (bot1) (Entered: 05/12/2023)

Unopposed MOTION to Amend/Correct Answer by Carlye Mabry Cantu. (Harris, Terri) (Entered: 05/26/2023)

FIRST AMENDED ANSWER to 1 Complaint, by Carlye Mabry Cantu, Hospital Internists of Texas. (dm) (Entered: 05/31/2023)

Order on Motion to Amend/Correct

Text Order GRANTING 59 Motion to Amend Answer entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file the amended answer, attached to the motion as Exhibit A, in the record in this cause. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjef)

ORDER REASSIGNING CASE. Case reassigned to Judge Alan D Albright for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (dm) (Entered: 06/07/2023)

MOTION to Continue Discovery Deadlines by Marques Hickson, Melissa Hickson. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Whitburn, Mark) (Entered: 07/17/2023)

ORDER Setting Zoom Discovery for 7/24/2023 03:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 07/19/2023)

RESPONSE to Motion, filed by Carlye Mabry Cantu, Hospital Internists of Texas, St. David's Healthcare Partnership, L.P., LLP, Viet Vo, re 62 MOTION to Continue Discovery Deadlines filed by Plaintiff Marques Hickson, Plaintiff Melissa Hickson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Order)(Beaman, Mark) (Entered: 07/21/2023)

Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held on 7/24/2023 (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(dm) (Entered: 07/25/2023)

Proposed MOTION for Entry of Scheduling Order Deadlines by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 08/09/2023)

ORDER GRANTING 66 Motion for Entry of Scheduling Order. Deadlines set; Pretrial Conference set for 06/04/24 at 9:30a.m. Jury Selection Trial set for 6/24/2024 09:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (klw) Modified on 10/20/2023 to correct hearing dates (klw). (Entered: 08/10/2023)

Agreed MOTION for Extension of Time to Complete Discovery and New Trial Date, MOTION to Extend Scheduling Order Deadlines by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 11/14/2023)

Unopposed MOTION for a Stay of Proceedings Until January 31, 2024 and to Re-Set Discovery Schedule and Trial Date by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 12/11/2023)

MOTION to Withdraw as Attorney by Jennifer Sender on behalf of Andres J. Gallegos by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 01/08/2024)

Order on Motion to Withdraw as Attorney

Order on Motion for Extension of Time to Complete Discovery AND Order on Motion to Extend Scheduling Order Deadlines

Order on Motion for Miscellaneous Relief

Case Stayed

Text Order GRANTING 69 Motion entered by Judge Alan D Albright. Before the Court is ECF No. 69, Unopposed Motion to Stay Proceedings Until January 31, 2024. Noting that the motion is unopposed, and finding that good cause is shown, the Court ORDERS that the motion is GRANTED and this case is STAYED until January 31, 2024. The Court further ORDERS parties to submit a proposed scheduling order by February 7th and if parties cannot agree on dates, to include each sides proposed dates with a brief justification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

Text Order MOOTING 68 Motion for Extension of Time to Complete Discovery; MOOTING 68 Motion to Extend Scheduling Order Deadlines entered by Judge Alan D Albright. Before the Court is PLAINTIFFS UNOPPOSED MOTION TO RE-SET DISCOVERY SCHEDULE AND TRIAL DATE. Given the stay entered by this Court, the Court ORDERS these requests are MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

Text Order GRANTING 70 Motion to Withdraw as Attorney. Before the Court is MOTION TO WITHDRAW AS COUNSEL Andrs J. Gallegos. Finding that good cause is shown, and that Plaintiffs will be represented by other counsel, the Court GRANTS the motion and ORDERS Andrs J. Gallegos be removed from this case. The Court's Clerk is directed to remove Mr. Gallegos from any further notifications from this case. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

Case Stayed (dm)

MOTION to Stay brief extension of the stay of proceedings, by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 01/31/2024)

Order on Motion to Stay

Text Order GRANTING 71 Motion to Stay entered by Judge Alan D Albright. Noting that the motion to stay is joint, and finding that good cause is shown. The Court ORDERS that the stay is extended until March 15, 2024. Parties are further ORDERED to confer and submit a joint scheduling order on March 15, 2024 with new deadlines and dates for the pre-trial conference and trial. (This is a text-only entry generated by the court. There is no document associated with this entry.) (MSlc)

Unopposed MOTION to Stay FOR ONE WEEK EXTENSION OF THE STAY OF PROCEEDINGS by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 03/15/2024)

Proposed Order to 72 Unopposed MOTION to Stay FOR ONE WEEK EXTENSION OF THE STAY OF PROCEEDINGS by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 03/15/2024)

Deficiency Notice

DEFICIENCY NOTICE to Jennifer Sender: re 72 Unopposed MOTION to Stay FOR ONE WEEK EXTENSION OF THE STAY OF PROCEEDINGS. Proposed Orders are required when a non-dispositive Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "PROPOSED ORDER" event from the menu and LINK the Proposed Order to your Motion.(klw)

Order on Motion to Stay

Text Order GRANTING 72 Motion to Stay entered by Judge Alan D Albright. Noting that Plaintiffs motion is unopposed and finding that good cause is shown, the Court ORDERS that the stay is extended until March 22, 2024. Parties are further ORDERED to confer and submit a joint scheduling order on March 22, 2024 with new deadlines and dates for the pre-trial conference and trial. (This is a text-only entry generated by the court. There is no document associated with this entry.) (CClc)

MOTION to Withdraw as Attorney by Marques Hickson, Melissa Hickson. (Sender, Jennifer) (Entered: 03/19/2024)